IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 2865 OF 2022
CRIME NO.189/2022 OF MANNARKAD POLICE STATION, PALAKKAD
PETITIONER:
HAMZA
AGED 34 YEARS, S/O ABDUL RAHIMAN, NARIKUNNAN
HOUSE, PERINTTIRI P.O, KUTTILANGADY,
MALAPPURAM, PIN - 676507
BY ADV
P.P.BIJU
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
BY ADV
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.2865/2022
..2..
ORDER
Dated this the 07th day of July, 2022 This is an application for Anticipatory Bail.
2. The petitioner is the accused in Crime No.189/2022 of Mannarkad Police Station, Palakkad alleging commission of offences punishable under Section 420 of the IPC.
3. The prosecution case is that, the de facto complainant, who is a spice merchant at Palakkad and the accused has purchased arecanut from the de facto complainant and has issued a cheque towards consideration and the same was returned unpaid as the cheque was mutilated.
4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and further that some cheque's of the petitioner was found missing and the same was misused. Thereupon, the petitioner has made Anx.1 - complaint before the Police Chief, Malappuram. It is further submitted that the petitioner has no other criminal antecedents.
5. Heard the learned Public Prosecutor also.
6. When the matter was taken up for consideration on BA. No.2865/2022 ..3..
06.04.2022, an interim order was passed not to arrest the petitioner.
7. Having regard to the facts and circumstances of the case, considering the nature of the allegation, I am inclined to grant anticipatory bail to the petitioner, subject to conditions. In the result, the bail application is allowed. In the event of arrest of the petitioner in Crime No.189/2022 of Mannarkad Police Station, Palakkad he shall be released on bail, subject to the following conditions:
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime No.189/2022 of Mannarkad Police Station, Palakkad as and when required by the investigating officer and shall co-operate with the investigation;
(iii) The Petitioner shall not attempt to (contact the victim or the de facto complainant) or interfere with the BA. No.2865/2022 ..4..
investigation or to influence or intimidate any witness in Crime No. not known to the petitioner of Mannarkad Police Station, Palakkad;
(iv) The Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.189/2022 of Mannarkad Police Station, Palakkad may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM, JUDGE ded/07.07.2022